The main purpose of PCT is to simplify the previously established method of applying for invention patent protection in several countries, make it more effective and economical, and benefit the users of the patent system and the patent office that has the right to manage the system.
Before the introduction of the PCT system, the only way for several countries to protect inventions was to submit applications to each country separately; Since these applications must be processed separately, the application and review of each country must be repeated. In order to achieve its due purpose, PCT suggests:
-Establish an international system to make a patent application (international application) submitted in one language at the Patent Office (receiving office) valid for every PCT member country (designated by the applicant) in its application;
-The Patent Office, that is, the receiving office, can conduct formal examination of international applications;
-Conduct an international search for international applications, and issue a search report explaining relevant existing technologies (published patent documents related to past inventions), which can be used as a reference when deciding whether an invention can be patented; The search report should be delivered to the applicant first, and then published;
-make a unified international announcement on the international application and its related international search report and send it to the designated bureau.
-To provide the Patent Office with the option of international preliminary examination of international applications to decide whether to grant a patent right, and to provide the applicant with a report, which includes the viewpoint of whether the claimed invention meets the international standard of patentability.
It is usually called the "international phase" of the PCT procedure, and the "national phase" refers to the last part of the patent granting procedure. It is the national bureau of the country designated in the international application or the institution that performs the functions of the national bureau, collectively referred to as the designated bureau. The first chapter provides for international application, international retrieval and international publication; Chapter II provides for international preliminary examination. (In the PCT term "country", the "country" stage or "country" fee also refers to the relevant procedures of the regional patent office).
In most countries, patent offices have been trying to solve how to better allocate resources and make the patent system get the maximum return within the existing human resources. In a country with economic growth and technological progress to a certain extent, the National Bureau is faced with an increase in the number of patent applications. In this case, if the country is a member of PCT, the PCT system can help it better handle the increase in workload. According to the PCT system, when an international application arrives at the National Bureau, it has been formally examined by the acceptance bureau and conducted by the international retrieval unit. In addition, in most cases, the international preliminary examination unit has conducted a possible review. In this way, it is beneficial for the State Patent Office to use existing resources (including human resources) to handle more patent applications, because it has gone through unified procedures in the international stage, thus simplifying the processing procedures in the national stage.
Other purposes of PCT are to promote and accelerate the use of technical information related to inventions by industries and other relevant departments, and to help developing countries acquire these technologies.
Above source: China National Intellectual Property Administration official website.